When businesses export products across borders, they often encounter a maze of technical regulations, standards, and certification requirements that vary from country to country. These differences can create significant barriers to trade. To address this, the World Trade Organization established the Agreement on Technical Barriers to Trade (TBT), which requires each member nation to designate an enquiry point to facilitate transparency and communication about standards. In India, the Bureau of Indian Standards (BIS) serves as this critical gateway, helping businesses navigate international trade requirements while ensuring that Indian products meet global quality benchmarks.

Table of Contents

What is a WTO TBT enquiry point?

Under the WTO TBT Agreement, every member country must establish a national enquiry point capable of answering inquiries from other members and interested parties about technical regulations, standards, and conformity assessment procedures. This mechanism promotes transparency in international trade by ensuring that countries can access information about each other’s regulatory requirements before they become trade barriers.

The TBT Agreement aims to prevent the use of technical requirements as unnecessary obstacles to trade while still allowing countries to protect legitimate interests such as human health, safety, and the environment. By maintaining enquiry points, member nations provide a formal channel through which stakeholders can obtain information about existing and proposed regulations that might affect their exports.

How the enquiry point system works

When a WTO member country proposes new technical regulations that could affect trade, it must notify other members through the WTO Secretariat. This notification system gives trading partners advance knowledge of upcoming regulatory changes, allowing them to assess potential impacts on their exports and submit comments before the regulations are finalized. The enquiry point serves as the central hub for this information exchange, fielding questions from domestic stakeholders about foreign regulations and from foreign parties about domestic requirements.

BIS as India’s designated TBT enquiry point

The Ministry of Commerce, which serves as the nodal ministry for WTO matters in India, has designated the Bureau of Indian Standards as the WTO TBT Enquiry Point for all queries except those related to the telecom sector. For telecommunications-related matters, the Telecommunication Engineering Centre (TEC) handles enquiries separately.

BIS operates through its International Relations and Technical Information Services Department, which provides comprehensive technical information services to industry stakeholders, importers, exporters, and government agencies. This department handles enquiries about the existence and applicability of standards, specific requirements within standards, technical regulations applicable in India, and conformity assessment procedures related to these regulations.

Key responsibilities of BIS as the enquiry point

As India’s TBT enquiry point, BIS performs several essential functions. First, it provides information about India’s technical regulations to other WTO member countries upon request. Second, it disseminates TBT notifications from other countries to Indian stakeholders, giving domestic businesses the opportunity to review and comment on proposed foreign regulations that could affect their trade interests. Third, BIS coordinates with the Ministry of Commerce to notify India’s proposed technical regulations to the WTO Secretariat.

The Technical Information Services Center at BIS responds to both domestic and foreign requests for information about Indian standards, technical regulations, and conformity assessment rules. Companies wishing to comment on notifications can obtain copies of proposed regulatory texts directly from BIS, which then communicates stakeholder feedback to the Ministry of Commerce for further action.

BIS certification services and their role in trade facilitation

Beyond its enquiry point functions, BIS plays a broader role in facilitating international trade through its extensive certification services. The Bureau has been operating Management Systems Certification Schemes since 1991, starting with Quality Management System Certification (IS/ISO 9001) and gradually expanding to cover numerous other management systems.

Management system certifications offered

BIS provides certification for multiple internationally recognized management systems, including Quality Management System (IS/ISO 9001), Environmental Management System (IS/ISO 14001), Food Safety Management System (IS/ISO 22000), and Occupational Health and Safety Management System (IS/ISO 45001). For the food industry specifically, BIS offers Hazard Analysis and Critical Control Points (HACCP) certification under IS 15000, which helps food businesses demonstrate their commitment to food safety through systematic hazard identification and control.

The National Accreditation Board for Certification Bodies (NABCB) under the Quality Council of India has accredited BIS’s Quality Management System, Food Safety Management System, and Environmental Management System Certification Schemes, adding credibility to these certifications in international markets.

Product certification and the ISI mark

BIS also operates product certification schemes that allow manufacturers to use the ISI Standard Mark on products that meet specified Indian Standards. While this certification is generally voluntary, the government has made it mandatory for certain products related to public health, safety, and environmental protection. The familiar ISI mark serves as a third-party guarantee of quality, safety, and reliability to consumers.

For foreign manufacturers seeking to export to India, BIS operates the Foreign Manufacturers Certification Scheme (FMCS), which allows overseas producers to obtain BIS certification for their products intended for the Indian market.

India’s representation in international standardization

BIS serves as India’s representative in key international standardization bodies. As a founder member of the International Organization for Standardization (ISO), BIS participates in the development of international standards and ensures that Indian interests are represented in global standardization discussions. BIS also represents India in the International Electrotechnical Commission (IEC) and the World Standards Service Network (WSSN).

This international engagement helps BIS align Indian standards with international norms, reducing technical barriers for Indian exporters. The organization has formulated over 20,000 Indian Standards across important sectors of the economy, many of which are harmonized with ISO standards to facilitate international trade.

The One Nation, One Standard initiative

In 2021, the Indian government launched the “One Nation, One Standard” scheme aimed at synergizing standards adopted by various Standard Development Organizations in India. This initiative seeks to eliminate inconsistencies among different standardization bodies within the country, creating a more unified regulatory environment that simplifies compliance for both domestic and foreign businesses.

How stakeholders can engage with the TBT process

Indian businesses and individuals can actively participate in the TBT notification and comment process through the BIS WTO-TBT portal. When other countries notify the WTO of proposed technical regulations, BIS electronically disseminates these notifications to registered national stakeholders, who can then review and submit comments on measures that might affect their trade interests.

To be effective, comments should be submitted well in advance-ideally at least two weeks before the comment period expires-to allow sufficient time for BIS to forward them to the Ministry of Commerce for transmission to the concerned foreign government. This proactive engagement helps protect the interests of Indian exporters by raising concerns about potentially trade-restrictive measures before they are implemented.

Accessing TBT information

Stakeholders can also access TBT notifications through the ePing SPS&TBT platform, a free service that provides access to all notifications made by WTO Members under both the TBT and Sanitary and Phytosanitary (SPS) agreements. This platform allows users to browse past and current notifications, set up customized email alerts, and track regulatory developments in markets of interest.

Benefits for exporters and importers

The TBT enquiry point system and BIS certification services provide significant benefits for businesses engaged in international trade. For exporters, having access to timely information about foreign technical regulations helps avoid costly surprises and allows for better planning. BIS certifications, particularly those aligned with ISO standards, enhance the credibility of Indian products in international markets and can facilitate market access.

For importers and foreign manufacturers, BIS serves as a reliable source of information about Indian regulatory requirements. The availability of clear certification pathways, including the FMCS for foreign manufacturers, provides a transparent route to accessing the Indian market while ensuring product compliance with local standards.

By harmonizing standards with international norms and facilitating transparent communication about technical regulations, BIS helps reduce unnecessary trade barriers while maintaining India’s legitimate regulatory objectives. This balance supports both consumer protection and economic development through expanded trade opportunities.

What do you think? How can businesses better leverage the WTO TBT notification system to stay ahead of regulatory changes in their export markets? What role should national standards bodies play in helping small and medium enterprises navigate international trade requirements?

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References
  1. https://www.wto.org/english/tratop_e/tbt_e/tbt_info_e.htm
  2. https://www.wto.org/english/tratop_e/tbt_e/tbtagr_e.htm
  3. https://www.bis.gov.in/standards/technical-information-services/
  4. https://www.trade.gov/country-commercial-guides/india-standards-trade
  5. https://www.bis.gov.in/system-certification-overview/
  6. https://en.wikipedia.org/wiki/Bureau_of_Indian_Standards
  7. https://epingalert.org/

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Food Laws and Standards

1 Prevention of Foods Adulteration Act Rules

  1. Enforcement of the Prevention of Food Adulteration (PFA) Act 1954
  2. PFA Act Definitions
  3. Functions / Responsibilities of Various Authorities
  4. Central Food Laboratories
  5. Role of Food Inspectors
  6. Penalties
  7. Powers of State Governments
  8. Discussion on Amendments to the PFA Act and Rules
  9. Shortcomings
  10. Harmonization of PFA ACT with Codex

2 Foods Safety and Quality Requirements

  1. General Hygienic and Sanitary Practices to be Followed by Food Processing Units
  2. Quality Assurance
  3. Food Quality and Safety

3 Foods Safety and Standard Act, 2006

  1. Food Safety and Standards Authority of India
  2. General Structure of the Food Safety and Standards Act
  3. Compliance and Penalties
  4. Food Safety and Standards Act Regulations

4 Essential Commodities Act, 1955

  1. The Aim of the Act
  2. Various Sections of the Essential Commodities Act
  3. Various Control Orders in the Act
  4. Fruit Products Order, 1955
  5. Meat Food Products Order, 1973
  6. Milk and Milk Products Order, 1992
  7. Edible Oils Packing (Regulation) Order, 1998
  8. Vegetable Oils Products (Regulation) Order, 1998
  9. Sugar Control Order, 1966

5 Codex Alimentarious Commission (CAC)

  1. Historical Background
  2. Objectives of the Codex Alimentarius Commission
  3. Membership of the Codex Alimentarius Commission
  4. Structure of the Codex Alimentarius Commission
  5. The Codex Alimentarius Commission at Work
  6. The Codex Alimentarius and WTO

6 WTO Implications

  1. Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Agreement on Agriculture (AoA)
  2. Implications of the SPS and TBT Agreements on Food Standards
  3. Role of Codex Standards in International Food Trade
  4. Dispute Settlement Mechanism
  5. Impact on Developing Countries

7 Other International Standards Setting Bodies

  1. The International Organization for Standardization (ISO)
  2. The International Plant Protection Convention (IPPC)
  3. The World Organization for Animal Health (OIE)
  4. The World Health Organization (WHO)
  5. The Food and Agriculture Organization (FAO)
  6. International Non-Governmental Organizations

8 FTDR Act, 1992 and Foreign Trade Policy

  1. Salient Features of Foreign Trade Development and Regulation Act 1992
  2. Foreign Trade Policy
  3. General Provisions Regarding Export/Import
  4. Pre-requisite of Import/Export
  5. Export Promotion Schemes
  6. Regulations of Exports

9 Export (Quality Control and Inspection) Act, 1963

  1. Salient Features of the Export (Quality Control and Inspection) Act, 1963
  2. Prior to Liberalization
  3. Present Scenario
  4. Systems for Export Inspection and Certification
  5. In Process Quality Control (IPQC) System
  6. Self Certification (SC) System
  7. Food Safety Management Systems based Certification (FSMSC)
  8. Procedure for Approval and Renewal
  9. Procedure for Surveillance
  10. Residue Monitoring Plans (RMP)
  11. Provisions and Requirements for Items Covered Under Mandatory Export Certification
  12. Equivalence/Recognition Agreements

10 Export Regulations and Promotion Bodies

  1. Agricultural and Processed Food Products Export Development Authority (APEDA)
  2. Marine Product Export Development Authority (MPEDA)
  3. Coffee Board
  4. Spices Board
  5. Tobacco Board
  6. Tea Board of India
  7. The Cashew Export Promotion Council of India (CEPC)

11 Plant and Animal Quarantine

  1. History of Plant Quarantine
  2. Plant Quarantine Regulations in India
  3. The Destructive Insects and Pests Act 1914 (DIP Act)
  4. Plant Quarantine (Regulation of Import into India) Order, 2003 (PQ Order)
  5. Implementation of Plant Quarantine
  6. WTO-SPS Regulations
  7. Roles and Implementation of Plant Quarantine (PQ)
  8. Animal Quarantine

12 Customs Act and Import Control Regulations

  1. Items Allowed for Import/Export
  2. Compliance with Laws
  3. Procedure for Import of Goods into India
  4. Steps for Obtaining Importer/Exporter Code (IEC No.)
  5. Requirement of Import Authorization
  6. Special Import Provisions
  7. Procedure for Import Clearance in India
  8. Levy of Customs Duty
  9. Import of Goods by Post
  10. Warehousing of Imported Goods
  11. Green Channel for Import Cargo Clearance
  12. Imports by 100% EoUs/SEZ Units
  13. Duty Free Imports
  14. Special Economic Zone Scheme (SEZ)
  15. Import of Commercial Samples
  16. Exchange Control Regulations and Imports

13 Other Laws Related to Food Products

  1. Standards of Weights & Measures Act, 1976
  2. The Insecticides Act, 1968
  3. Consumer Protection Act, 1986
  4. Customs Act, 1962
  5. The Infant Milk Substitutes, Feeding Bottles & Infant Food (Regulation of Production, Supply & Distribution) Act, 1992 & Rules, 1993
  6. Environmental (Protection) Act, 1986
  7. The Water (Prevention & Control of Pollution) Act, 1974
  8. The Air (Prevention & Control of Pollution) Act, 1981

14 Voluntary National Standards- BIS and AGMARK

  1. Bureau of Indian Standards (Bureau of Indian Standards Act, 1986)
  2. License under BIS to use ISI Certification Mark
  3. Powers and Functions of BIS
  4. Establishment, Publication and Promotion of Indian Standards
  5. Establishment, Maintenance and Recognition of Laboratories
  6. Food Safety Management Systems Certification Scheme
  7. Applicability of BIS under PFA Act
  8. AGMARK {Agricultural Produce (Grading & Marking) Act, 1937]
  9. Standardization and Grading of Agricultural Commodities
  10. Formulation of Grade Standards
  11. Grading and Certification of Agricultural Commodities
  12. Grading and Certification for Internal Trade
  13. Grading and Certification for Exports
  14. Infrastructure for the Certification Programmes
  15. Role of Central Agmark Laboratory & Regional Agmark Laboratories
  16. Applicability of Agmark Standards under PFA Act

15 National Agencies for Implementation of International Food Laws and Standards

  1. Role of Ministry of Health & Family Welfare/ Directorate General of Health Services (Codex Contact Point)
  2. Codex Alimentarius Commission [CAC]
  3. National Codex Contact Point [NCCP]
  4. National Codex Committee of India
  5. Agencies involved in implementation of provisions of Agreement on Technical Barriers to Trade.
  6. WTO TBT Enquiry Point – Role of Bureau of Indian Standards
  7. Guidance for Stakeholders for Commenting on TBT Notifications
  8. Agencies involved in implementation of provisions of Agreement on SPS Measures.
  9. Role of States/Local Bodies
  10. National Food Control Acts/Rules
  11. Implementation of Food Related Acts
  12. Agencies involved in quality control and preshipment inspection for exports.
  13. Role of Export Inspection Council
  14. Role Directorate and Marketing of Inspection
  15. Role of Agricultural and Processed Food Products Export Development Authority of India
  16. Role of Ministry of Environment and Forest
  17. Regulatory Reforms in Bio-technology
  18. Genetic Engineering Approval Committee (GEAC)
  19. Role of Department of Agriculture & Cooperation, Ministry of Agriculture in implementing Insecticides Act, 1968.
  20. Good Agricultural Practices (GAP) in use of Pesticides
  21. Codex Maximum Limits for Pesticides Residues in Food & TBT Agreement

16 Food Labelling

  1. Food Labelling: Definition, Requirements and Scope
  2. Essential Commodities Act
  3. Prevention of Food Adulteration Act
  4. Food Safety and Standards Act, 2006
  5. The Fruit Products Order, 1955
  6. The Meat Food Products Order, 1973
  7. Packaging and Labelling Requirements under FSSAI
  8. Consumer Protection Act